Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 74

Powers of authorised officers while on premises

Entry other than under subparagraph 72(1)(b)(ii) or (2)(b)(ii)

             (1)  An authorised officer who enters premises under paragraph 72(1)(a) or (2)(a), or subparagraph 72(1)(b)(i) or (2)(b)(i), may exercise one or more of the following powers while on the premises:

                     (a)  inspect any work, process or object;

                     (b)  interview any person;

                     (c)  require a person to tell the authorised officer who has custody of, or access to, a record or document;

                     (d)  require a person who has custody of, or access to, a record or document to produce the record or document to the authorised officer either while the authorised officer is on the premises, or within a specified period;

                     (e)  inspect, and make copies of, any record or document that:

                              (i)  is on the premises; or

                             (ii)  is accessible from a computer that is on the premises;

                      (f)  take samples of any goods or substances in accordance with any procedures prescribed by the rules.

Note:          See also sections 79 (power to keep records or documents), 102 (self-incrimination) and 104 (certain records and documents are inadmissible).

Entry under subparagraph 72(1)(b)(ii) or (2)(b)(ii)

             (2)  An authorised officer who enters premises under subparagraph 72(1)(b)(ii) or (2)(b)(ii) may interview the person concerned while on those premises.

Refusing or failing to participate in an interview

             (3)  A refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code .



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